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Lord KamesLegal and Social Theorist$
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Andreas Rahmatian

Print publication date: 2015

Print ISBN-13: 9780748676736

Published to Edinburgh Scholarship Online: January 2016

DOI: 10.3366/edinburgh/9780748676736.001.0001

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(p.220) VII Property
Lord Kames

Andreas Rahmatian

Edinburgh University Press

In this chapter Kames's property theory, a central part of his work, is discussed. The chapter begins with a presentation of modern legal concepts of property to put Kames's ideas in context. It wants to show that Kames's concept of property is still fruitful for the present discussion in property theory. After the discussion of Kames's abstract concept of property which can be seen as a predecessor of a modern theory of dematerialised property, his historical-anthropological idea of property is dealt with, being a principal example of conjectural history which features centrally in chapter 6. Kames's postulation of four stages of the development of property in human society is discussed, as well as the role of property in political theory. The remaining part of the chapter is devoted to Kames's unusually severe criticism of the feudal system and especially the entail.

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